International Longshore & Warehouse Union-Pacific Maritime Association Welfare Plan Board of Trustees et al v. South Gate Ambulatory Surgery Center, LLC et al

Filing 74

ORDER APPROVING STIPULATION re 72 Stipulation filed by Stewart Goldstein. Signed by Judge Alsup on September 29, 2011. (whalc1, COURT STAFF) (Filed on 9/29/2011)

1 Kim Zeldin, Esq. (SBN: 135780)
[e-mail]
2 Ronald S. Kravitz, Esq. (SBN: 129704)
[e-mail]
3 LINER GRODE STEIN YANKELEVITZ
SUNSHINE REGENSTREIF & TAYLOR LLP
4 199 Fremont Street, 20th Floor
San Francisco, CA 94105-2255
5 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendant
7 STEWART GOLDSTEIN, M.D.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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Plaintiffs,
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v.
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SOUTHGATE AMBULATORY SURGERY
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CENTER, LLC a California limited liability
company; JEFFREY T. HO, M.D., an individual; )
STEWART GOLDSTEIN, M.D., an individual; )
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and DOES 1 through 50, inclusive,
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Defendants.
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11 INTERNATIONAL LONGSHORE &
WAREHOUSE UNION-PACIFIC MARITIME
12 ASSOCIATION WELFARE PLAN BOARD OF
TRUSTEES and INTERNATIONAL
13 LONGSHORE & WAREHOUSE UNIONPACIFIC MARITIME ASSOCIATION
14 WELFARE PLAN,
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Case No. 3:11-CV-01215STIPULATION PURSUANT TO LOCAL
RULE 6-1 TO EXTEND TIME FOR DR.
GOLDSTEIN TO RESPOND TO
PLAINTIFF’S FIRST AMENDED
COMPLAINT AND TO FILE A CROSSCOMPLAINT AGAINST THE
INTERNATIONAL LONGSHORE &
WAREHOUSE UNION PACIFIC
MARITIME ASSOCIATION WELFARE
PLAN [PROPOSED] ORDER

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Case No. 3:11-CV-01215-WHA
STIPULATION TO EXTEND TIME FOR DR. GOLDSTEIN TO RESPOND TO PLAINTIFFS’ FIRST
AMENDED COMPLAINT AND [PROPOSED] ORDER
0022525/001/ 56574v01

Plaintiff International Longshore & Warehouse Union-Pacific Maritime Association

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2 Welfare Plan Board Of Trustees (“Plaintiff”) and defendant Stewart Goldstein, M.D. (“Dr.
3 Goldstein”), hereby agree to the following:
WHEREAS, Plaintiff filed and served an amended complaint against the South Gate

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5 Defendants and Dr. Goldstein on July 1, 2011 (“FAC”);
WHEREAS, Dr. Goldstein moved to dismiss the FAC by motion filed on August 8,

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7 2011;
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WHEREAS, on September 12, 2011 the Court granted Dr. Goldstein’s motion to

9 dismiss in part and denied it in part;
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WHEREAS, the parties stipulated to an extension of time for Dr. Goldstein to respond

11 to the FAC to and including October 17, 2011 and filed the stipulation with the Court on
12 September 16, 2011;
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WHEREAS, the stipulation was agreed to in order to allow the parties time to (a)

14 discuss settlement; and (b) meet and confer regarding Dr. Goldstein’s intention to file a
15 counterclaim/cross-complaint;
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WHEREAS, Dr. Goldstein has informed Plaintiff that he anticipates filing a cross-

17 complaint against the International Long Shore & Warehouse Union-Pacific Maritime
18 Association Welfare Plan (the “Plan”), which by Court order ruling on Dr. Goldstein’s motion
19 to dismiss, is no longer a party to this action;
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WHEREAS, by order entered June 27, 2011 (Document 38), this Court ordered that

21 leave to add any new parties must be sought by September 30, 2011;
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WHEREAS, although leave need not be sought to file the cross-complaint against the

23 Plan in this action (because an answer has not yet been filed), in an abundance of caution, Dr.
24 Goldstein is filing this stipulation (which was, in substance, previously filed on September 16,
25 2011) and now requests, pursuant to Local Rule 6-1, that this Court to issue an order allowing
26 the extension (the declaration of Kim Zeldin complying with Local Rule 6-1 is filed herewith);
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WHEREAS, Plaintiff has agreed to further extend the time for Dr. Goldstein to answer

28 the FAC and file a cross-complaint up to and including October 17, 2011;
Case No. 3:11-CV-01215-WHA
STIPULATION TO EXTEND TIME FOR DR. GOLDSTEIN TO RESPOND TO PLAINTIFFS’ FIRST
AMENDED COMPLAINT AND [PROPOSED] ORDER
0022525/001/ 56574v01

IT IS HEREBY STIPULATED AND AGREED by and among the parties, through

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2 their respective counsels of record that Dr. Goldstein’s response to the FAC and any cross3 complaint adding the Plan as a party shall be filed with the Court on or before October 17,
4 2011.
5 Dated: September 29, 2011

LINER GRODE STEIN YANKELEVITZ
SUNSHINE REGENSTREIF & TAYLOR LLP

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By: /s/ Kim Zeldin
Kim Zeldin
Ronald S. Kravitz
Attorneys for Defendant
STEWART GOLDSTEIN, M.D.

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11 Dated: September 29, 2011

MORGAN, LEWIS & BOCKIUS LLP

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By: /s/ James N. Penrod
James N. Penrod
Attorneys for Plaintiff
BOARD OF TRUSTEES OF THE
ILWU-PMA WELFARE PLAN

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Dated: September 29, 2011

SEYFARTH & SHAW LLP

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By: /s/ D. Ward Kallstrom
D. Ward Kallstrom
Attorneys for Plaintiff
BOARD OF THE TRUSTEES OF
THE ILWU-PMA WELFARE PLAN

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22 Dated: September 29, 2011

LEONARD CARDER LLP

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By: /s/ Peter W. Saltzman
Peter W. Saltzman
Christine S. Hwang
Attorneys for Plaintiff
BOARD OF THE TRUSTEES OF
THE ILWU-PMA WELFARE PLAN

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IT IS SO ORDERED.
Dated: September 29, 2011.

____________________________________________
UNITED STATES DISTRICT JUDGE William Alsup

Case No. 3:11-CV-01215-WHA
STIPULATION TO EXTEND TIME FOR DR. GOLDSTEIN TO RESPOND TO PLAINTIFFS’ FIRST
AMENDED COMPLAINT AND [PROPOSED] ORDER
0022525/001/ 56574v01